“programme” means data or a set of instructions which, when executed in a computer, causes
the computer to perform a function;
“remote forensic tool” means an investigative tool including, software or hardware, installed
on or in relation to a computer system or part of a computer system and used to perform
tasks that include keystroke logging or transmission of an IP-address;
“service provider” means—
(a) any person that provides to users of its service the ability to communicate by means
of information communication technology systems, and
(b) any person that processes or stores information and communications data on behalf
of such communications service or users of such service;
and includes—
(c)
access, caching and hosting provider;
“system” means an arrangement of data or one or more programmes which, when executed,
performs a function;
“traffic data” means data relating to a communication by means of an information
communications system or generated by an information communications system that
forms a part of the chain of communications indicating the communication’s origin,
destination, route, format, time, date, size, duration or type of the underlying service;
“utilize” in relation to a remote forensic tool includes—
(a) developing a remote forensic tool;
(b) adopting a remote forensic tool; and
(c) purchasing a remote forensic tool;
(2) In addition to section 4 (Application of Code to other enactments) of the Criminal Law
Code, Chapter XIII (Participation or assistance in the commission of crimes) of the Criminal Law
Code shall apply, mutatis mutandis, with respect to offences in terms of this Act.
PART II
ESTABLISHMENT OF CYBERSECURITY CENTRE
4
Establishment of Cybersecurity Centre
The Minister shall, in consultation with the Minister responsible for Finance, establish a
Cybersecurity Centre.
5
Cybersecurity Committee
(1) The Cybersecurity Centre shall be managed by a committee to be known as the
Cybersecurity Committee which will report to the Minister.
Page 6 of 24